Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 26 - February 1, 2026

Nominal Index:Mst Khati Vs Abdul Rashid Salroo 2026 LiveLaw (JKL) 27National Insurance Company Limited Vs Bashir & Others 2026 LiveLaw (JKL) 28M/S ARISTO LABORATORIES PVT. LTD Vs UT Of J&K 2026 LiveLaw (JKL) 29Iqbal Singh Vs Durga Devi & Ors 2026 LiveLaw (JKL) 30Gh. Rasool Ganie Vs State of J&K 2026 LiveLaw (JKL) 31Om Prakash & Ors. vs Bodh Raj & Ors 2026 LiveLaw (JKL) 32Judgments/Orders:S. 138 J&K Transfer Of Property Act | Transferee Cannot Take Possession Or Seek Mutation Without Registered Instrument: High CourtCase Title: Mst Khati Vs Abdul Rashid SalrooCitation: 2026 LiveLaw (JKL) 27Reaffirming the strict statutory mandate governing transfer of immovable property in Jammu & Kashmir, the Jammu and Kashmir and Ladakh High Court held that there cannot be a valid transfer of immovable property unless it is in writing and duly registered in accordance with Section 61(3) of the J&K Registration Act read with Section 138 of the J&K Transfer of Property Act.Concealed Exclusion Clauses Can't Be Used To Deny Claim In Comprehensive Insurance Policies Covering Special Perils: J&K&L High CourtCase Title: National Insurance Company Limited Vs Bashir & OthersCitation: 2026 LiveLaw (JKL) 28Reaffirming consumer rights under insurance contracts, the Jammu & Kashmir and Ladakh High Court held that an insurer cannot evade liability by relying on obscure or undisclosed exclusion clauses, particularly where the insurance policy is issued and marketed as a comprehensive cover for 'Standard Fire and Special Perils'.Drugs & Cosmetics Act | JMFC Can Try Offences Punishable Up To 3 Years; S. 32 Bar Not Absolute: J&K&L High CourtCase Title: M/S ARISTO LABORATORIES PVT. LTD Vs UT Of J&KCitation: 2026 LiveLaw (JKL) 29Holding that jurisdiction under the Drugs and Cosmetics Act is governed by the nature of punishment prescribed and not merely by the chapter under which an offence falls, the High Court of Jammu & Kashmir and Ladakh ruled that offences punishable with imprisonment not exceeding three years can validly be tried by a specially empowered Judicial Magistrate, notwithstanding that such offences fall under Chapter IV of the Act.Right Of Pre-Emption Is 'Extremely Weak', Filing Injunction Suit Without Claiming It Amounts To Waiver : J&K&L High CourtCase Title: Iqbal Singh Vs Durga Devi & OrsCitation: 2026 LiveLaw (JKL) 30The Jammu & Kashmir and Ladakh High Court reiterated that the right of pre-emption is a very weak right, which can be lawfully defeated by a purchaser and can also be waived by the pre-emptor through conduct, as inferred from the facts and circumstances of a case.Forgery Conviction Can't Sustain Sans Proof Of Authorship; Mens Rea Must Be Established Independently If Doc Accepted By Authority: J&K&L HCCase Title: Gh. Rasool Ganie Vs State of J&KCitation: 2026 LiveLaw (JKL) 31Underscoring the foundational requirement of mens rea in criminal prosecution for forgery and corruption, the High Court of Jammu & Kashmir and Ladakh held that even if the prosecution's version that a tampered document was used to secure a benefit is assumed to be correct, the mental element of the offence must still be independently proved.Procedural Compliance U/S 133 CrPC Mandatory; Well-Intentioned Orders Can't Survive Procedural Lapses: J&K&L High CourtCase-Title: Om Prakash & Ors. vs Bodh Raj & OrsCitation: 2026 LiveLaw (JKL) 32The Jammu & Kashmir and Ladakh High Court has dismissed a petition challenging the remand of proceedings under Section 133 CrPC to the Sub Divisional Magistrate (SDM) for fresh consideration, holding that procedural compliance under Chapter X CrPC is mandatory and cannot be bypassed even for a "well-meaning" order.

Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 26 - February 1, 2026

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